News & Analysis as of

Settlement Agreements Unfair Labor Practices

Husch Blackwell LLP

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II

Husch Blackwell LLP on

Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more

McAfee & Taft

New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

McAfee & Taft on

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

Husch Blackwell LLP

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I

Husch Blackwell LLP on

Host Tom Godar welcomes back Husch Blackwell attorney Mary-Ann Czak for a two-part discussion on a recently published memorandum from William Cowen, acting general counsel of the National Labor Relations Board (NLRB). The...more

BakerHostetler

‘Go Forth and Settle’: NLRB Acting General Counsel Relaxes Standards for ULP Settlement Remedies

BakerHostetler on

On May 16, William B. Cowen, acting general counsel (GC) of the National Labor Relations Board (NLRB or the Board), issued Memorandum GC 25-06, which restored discretion to regional directors in settling with employers and...more

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Seyfarth Shaw LLP on

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Littler

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

Littler on

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior...more

Vorys, Sater, Seymour and Pease LLP

Acting General Counsel Cowen Issues Memorandum Altering Guidance on Settlement Agreements

On May 16, 2025, Acting General Counsel (GC) William B. Cowen issued a memorandum addressing settlement agreements under the NLRA in a manner expected to remove material hurdles to negotiated resolutions. Acting GC Cowen’s...more

Proskauer - Labor Relations Update

NLRB Pulls a U-Turn on Remedial Relief in Settlement Agreements: New GC Issues Guidance Encouraging Efforts at Settlement

On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the...more

Husch Blackwell LLP

The NLRB’s Top Lawyer Offers New Guidance on Remedial Relief in Settlement Agreements

Husch Blackwell LLP on

Settling cases before the National Labor Relations Board (NLRB) became an increasingly difficult task under the prior administration, where the terms of agreements were often dictated by General Counsel directives insisting...more

Proskauer - Labor Relations Update

Consent Orders Are Gone But Board Consent Remains…For Now

On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

Bricker Graydon LLP on

Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

McAfee & Taft

NLRB changes course on consent orders … again

McAfee & Taft on

The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Holland & Hart LLP

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Holland & Hart LLP on

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...more

Proskauer - Labor Relations Update

NLRB Signals Pullback on Consequential Damages Against Unions

As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an...more

Amundsen Davis LLC

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

Amundsen Davis LLC on

A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement...more

Jackson Lewis P.C.

Labor Board General Counsel Mandates More Onerous Unfair Labor Practice Settlement Terms

Jackson Lewis P.C. on

After less than two months in office, new National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo has urged broad pro-union changes in NLRB case law and has mandated more aggressive remedies in unfair...more

Ballard Spahr LLP

NLRB Makes Settlement More Difficult

Ballard Spahr LLP on

On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader...more

Proskauer - Labor Relations Update

Update: NLRB Extends Suspension of Notice-Posting Requirements to Cases Involving Informal Settlement Agreements

As we discussed, the National Labor Relations Board decided early this month that it would temporarily suspend the remedial notice-posting and emailing requirement at facilities shut down due to the COVID-19 pandemic until...more

Proskauer - Labor Relations Update

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Bond Schoeneck & King PLLC

NLRB Reinstates Former Legal Standard for Deferral to Arbitration

On December 23, the National Labor Relations Board reversed its 2014 decision in Babcock & Wilcox Construction Co, Inc., and reinstated the legal standard for deferring to the arbitration process that had existed prior to the...more

Proskauer - Labor Relations Update

NLRB Continues to Aid Workers in Ousting Unions

The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Effectively Countering the NLRB’s Continued Obsession With Default Language in Informal Settlement Agreements

The majority of unfair labor practice (ULP) charges against employers are either withdrawn, dismissed or settled. My February 7, 2014 article discussed the former general counsel’s (GC) 2011 mandate (GC Memo 11-04) requiring...more

Proskauer - Labor Relations Update

NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One...

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide